Case of the week: Dismissal over mistaken belief about immigration status

This report relates to 1 case(s)

In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, the Court of Appeal upheld a finding of unfair dismissal in the case of an employee who was dismissed on the grounds that she was no longer entitled to work in the UK. There was evidence to support the tribunal's finding that the employee was, in fact, legally entitled to work in the UK at the time of her dismissal. While the employer's mistaken belief about her immigration status was capable of amounting to "some other substantial reason" for dismissal, the fact that the employer had failed to follow the statutory dismissal procedure rendered the dismissal automatically unfair.

In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127 CA, the Court of Appeal has held that a mistaken belief that an employee was being illegally employed could be a potentially fair reason for dismissal.

This week's case of the week, provided by Addleshaw Goddard, covers dismissal over mistaken belief about immigration status.

Klusova v London Borough of Hounslow

An employer's genuine, but mistaken, belief that
continuing to employ a foreign national would breach immigration legislation was
capable of amounting to "some other substantial reason" for the purpose of
defending an unfair dismissal claim.

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